On February 18, 2025, the US Department of State announced a new policy requiring more foreign nationals to attend in-person interviews to apply for nonimmigrant visas. 

The announcement rolls back a Biden Administration policy which had allowed visa applicants to qualify for the interview waiver program—and thus bypass the in-person interview requirement—if they (a) had been issued a nonimmigrant visa in any classification (except the B visitor visa category), and (b) were applying within 48 months of their most recent visa expiration date. From Waiver to Waitlist: Fewer Travelers Can Skip the US Visa Interview | Insights | Mayer Brown

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Attracting global talent will be key to maintaining US leadership in Artificial Intelligence (AI). President Donald Trump’s recent executive orders aim to cut through barriers to accelerate AI development and amplify foreign investment to the United States to keep the nation at the forefront of this critical technology. Building the Future: Addressing the Need for AI Global Talent in the United States | Insights | Mayer Brown

Facade Flags Justice Department Building Washington DC

On February 5, 2025, Attorney General Pamela Bondi issued a series of internal memoranda directing the Department of Justice (DOJ) to implement policy priorities of the Trump Administration. The memos set immigration enforcement as a departmental priority, creating a high enforcement environment that impacts all employers. In this Legal Update, we examine these directives and affirmative steps employers can take to ensure preparedness. How Employers Can Navigate the Legal Ramifications of the DOJ’s New Directives for Immigration Enforcement

The Department of Homeland Security recently published a notice in the Federal Register, indicating that Secretary of Homeland Security Kristi Noem is terminating Temporary Protected Status (TPS) under the 2023 designation for Venezuela as of April 7, 2025. We examine what this means for employers and employees alike in this Legal Update. End of the Road: What the TPS Termination for Venezuelans Means for US Employers | Insights | Mayer Brown

On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” which directs federal agencies to recommend and implement enhanced vetting and screening for all foreign nationals intending to enter, or already present in, the United States. This order may reinstate and expand upon directives Trump issued during his first term, restricting travel to the United States by certain foreign nationals (sometimes referred to as a “travel ban”). Notably, in 2018, the US Supreme Court held, by a 5-4 majority, that the President has the authority to exclude foreign nationals when he determines that the entry would be detrimental to the United States. Executive Order Calling for Enhanced Screening and Vetting of Foreign Nationals | Insights | Mayer Brown

On January 29, 2025, President Trump signed the Laken Riley Act into law, which mandates the federal detention of certain non-U.S. nationals who are arrested for, charged with, convicted of, or otherwise admit to committing: burglary; theft; larceny; shoplifting; assault of a law enforcement officer; or any crime that causes death or serious bodily injury.

The law applies to individuals who are not U.S. nationals who:

  • Entered the United States without proper inspection;
  • Are present in the United States based on fraud, misrepresentation, or falsely claiming U.S. citizenship; or
  • Are present in the United States without valid entry or parole documentation.

The new law expands those subject to mandatory federal detention of the above populations of individuals to include lower-level offenses (e.g., shoplifting) as defined by state or local law.

The new law also provides state attorneys general with causes of action to sue the federal government as related to decisions or alleged failures of the federal government related to the above, as well as other policies governing immigration enforcement, including alleged improper provision of parole or other immigration benefits. 

Continue Reading President Trump Signs the Laken Riley Act
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Multiple US federal district court judges (including in the states of Maryland and Washington on February 5 and 6, respectively) have issued nationwide injunctions pausing the implementation of the recent executive order focused on the interpretation of “birthright” citizenship, which President Donald Trump signed at the beginning of his second term. The executive order, Protecting the Meaning and Value of American Citizenship, proclaims that children born in the United States to certain noncitizens are not “subject to the jurisdiction” of the United States and therefore not entitled to US citizenship at birth. Nationwide Injunction to Birthright Citizenship Executive Order | Insights | Mayer Brown

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United States Capitol Building

The H-1B cap registration period for FY2026 will be held from March 7, 2025, until March 24, 2025, according to an announcement from U.S. Citizenship & Immigration Services.

During this period, U.S. employers may nominate current or prospective employees they wish to sponsor for H-1B status. After the registration period, USCIS will conduct an electronic lottery to select up to 85,000 registrations, and employers will then be able to submit an H-1B petition on behalf of each selected registrant. In advance of March 7, employers should consider which current or prospective employees might benefit from H-1B status. The next registration period is expected to be held in March 2026.

Continue Reading USCIS Announces Dates for H-1B Cap Registration

President Trump’s first week in office provided a clear roadmap of his policy priorities and the beginning of a significant overhaul of immigration policies. His “Protecting the American People Against Invasion” executive order sheds light on the direction the Administration will take in immigration enforcement. For employers, the order may impact the type of work authorization held by certain employee populations, including the ongoing availability of those work options.

This Legal Update provides highlights from the order and notes what it means for employers. Humanitarian Protections and Work Permits Narrowed in Trump Executive Order| Insights| Mayer Brown